32GCApproval by supervising authority

#### 32GC Approval by supervising authority 32GC Approval by supervising authority > > (1) The supervising authority may approve the making of an application to the Registrar or a registering authority for registration of a change of sex of a restricted person only if the supervising authority is satisfied the change of sex is necessary or reasonable. > > > (2) The supervising authority must not approve the making of an application to the Registrar or a registering authority for the registration of a change of sex of a restricted person if the supervising authority is satisfied— > > > > > (a) the change of sex would, if registered, be reasonably likely to— > > > > > > > (i) adversely affect the security, discipline or good order of premises or a facility at which the restricted person is held or accommodated, or > > > > > > > (ii) jeopardise the restricted person’s or another person’s health or safety, or > > > > > > > (iii) be used to further an unlawful activity or purpose, or > > > > > > > (iv) be used to evade or hinder the supervision of the restricted person, or > > > > > (b) the proposed change of sex would be reasonably likely to be regarded as offensive by a victim of crime or an appreciable sector of the community. > > > (3) The supervising authority for a restricted person who is a forensic patient and a person referred to in section 32GA(1), definition of restricted person, paragraph (a)(i)–(v) must not approve the making of an application to the Registrar or a registering authority for the registration of a change of the person’s sex unless— > > > > > (a) the supervising authority has consulted with the Commissioner of Corrective Services, and > > > > > (b) the Commissioner has given concurrence. > > > > Note— > > > > The supervising authority for all forensic patients is the Mental Health Review Tribunal. > > > (4) Subsections (1) and (2) apply to a determination of the Commissioner of Corrective Services about whether to give concurrence in the same way as the subsections apply to a determination of a supervising authority about whether to give approval. > > > (5) If the supervising authority approves the making of an application to the Registrar or a registering authority for the registration of a change of sex of a restricted person, the supervising authority must— > > > > > (a) as soon as practicable, give written notice of the approval to the person who intends to make the application, and > > > > > (b) give a copy of the written notice of approval to the Registrar or registering authority. > > **s 32GC:** Ins 2024 No 71, Sch 1\[4\].